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(영문) 서울남부지방법원 2015.10.30 2015가합5034

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 565,061,00 and KRW 231,603,185 among them. < Amended by Presidential Decree No. 26548, Sep. 29, 2015>

Reasons

1. Indication of claim;

A. On April 18, 2014, the Korean Federation of Community Credit Cooperatives transferred the following loans owed to the Plaintiff, and around that time, notified the Defendants of the assignment of claims.

Loan institution: 231,603,185 won in principal on February 25, 2003: 33,457,816 won in total: 565,061 won in case of the first loan of the Korea Saemaul Bank;

B. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 565,061,001 as well as KRW 231,603,185 as principal, with 20% interest per annum from the day following the delivery date of the copy of the application for the instant payment order to the day of full payment.

2. The purport of partial dismissal is to apply the interest rate for delay under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings to be applied after the delivery date of a copy of the complaint of this case to the interest rate for delay under Article 2(2) of the Addenda of the Regulations on Special Cases concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553) (Presidential Decree No. 2655), mutatis mutandis, 20% per annum, which is the interest rate under the previous provisions until September 30, 2015, and 15% per annum, which is the interest rate under the amended provisions, from October 1, 2015.

3. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);